Registered with the Registrar
of Newspapers for India under
No. 10410
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
➢ EXTRAORDINAIRE EXTRAORDINARY
➢ Publiée par Published by
➢ Autorité Authority
▪ 2025 } | 5 { No. 80 Poudouchéry Mercredi 5 Novembre 2025
No. Puducherry Wednesday 5th November 2025
(14 Kartika 1947)
GOVERNMENT OF PUDUCHERRY
LAW DEPARTMENT
No. 105/Leg./2025-LD.
Puducherry, dated 5th November 2025.
The following Act of the Legislative Assembly, Puducherry, received
the assent of the Lieutenant-Governor, Puducherry, on the 05th day of
November, 2025 and is hereby published for general information.
JHANAZ RAFFI @ JHANSI,
Under Secretary to Government (Law).
[1161] 1162 LA GAZETTE DE L'ETAT [PART–II
THE PUDUCHERRY TOWN AND COUNTRY
PLANNING (AMENDMENT) ACT, 2025
(Act No. 7 of 2025)
(05-11-2025)
A N
AC T
further to amend the Puducherry Town and Country
Planning Act, 1969.
BE it enacted by the Legislative Assembly of Puducherry in the Seventy-sixth Year of the Republic of India as follows :—
Short title and commencement.
1. (1) This Act may be called the Puducherry Town and Country Planning (Amendment) Act, 2025.
(2) It extends to the whole of the Union
territory of Puducherry.
(3) It shall come into force on and from the date of its publication in the Official Gazette.
Amend ment of section 2.
2. In section 2 of the Puducherry Town and Country Planning Act, 1969 (hereinafter referred to as the principal Act),—
(1) after the existing clause (7), the following
clause shall be inserted, namely:—
"(7-A) "Chief Town Planner" means, the Town Planner appointed by the Government under section 10;"
(2) after clause (9), the following clause shall
be inserted, namely:—
"(9-A) "company" means—
(a) any company as defined in the Companies Act, 2013 including any foreign company within the meaning of section 591 of that Act;
1163
PART–II] LA GAZETTE DE L'ETAT
(b) anybody corporate; or
(c) any firm or association (whether incorporated or not), carrying on business in the Union territory of Puducherry, whether or not its principal place of business is situated in the said Union Territory;"
(3) after clause (10), the following clause
shall be inserted, namely:–
"(10-A) "Designated Officer" means, the Senior Town Planner of the Town and Country Planning Department appointed for the implementation of the Town Planning Scheme;"
(4) for clause (11), the following shall be
substituted, namely:—
Central Act No. 18 of 2 0 1 3 .
"(11) "development" means, the carrying out of all or any of the works as contemplated in an interim, comprehensive, detailed development plan or a Town Planning Scheme prepared under this Act, and shall include the carrying out of building, engineering, mining or other operations in, or over or under land, or the making of any material change in any building or land, or in the use of any building, land and includes redevelopment and layout and sub-division of any land and 'to develop' shall be construed, accordingly, and shall not include the following operations or uses of the land for the purpose of this Act, that is to say,—
(a) the carrying out of any temporary works for the maintenance, improvement or other alteration of any building, being works which do not materially affect the external appearance of the building;
1164 LA GAZETTE DE L'ETAT [PART–II
(b) the carrying out by a Local Authority
of any temporary works required for
the maintenance or improvement of a
road, or works carried out on the land
within the boundaries of the road;
(c) the carrying out by a Local Authority
or statutory undertaker of any
temporary works for the purpose of
inspecting, repairing or renewing any
sewers, mains, pipes, cables or other
apparatus, including the breaking
open of any street or other land for
that purpose;
(d) the use of any building or other land
within the curtilage of a dwelling
house for any purpose incidental to
the enjoyment of the dwelling house
as such; and
(e) the use of any land for the purpose
of agriculture, gardening or forest
(including afforestation) and the use
for any purpose specified in this
clause of this proviso of any building
occupied together with the land so
used;"
(5) for clause (12) the following shall be
substituted namely:—
"(12) "Development plan" means, a plan for
the development or re-development or
improvement of the area within the jurisdiction
of a Planning Authority and includes an interim,
comprehensive, detailed development plan
prepared under the Act;"
1165
PART–II] LA GAZETTE DE L'ETAT
(6) after clause (12), the following clauses shall
be inserted, namely:—
"(12-A) "development right certificate"
means, the certificate to be issued under the
authentication of the Member-Secretary of the
Planning Authority including digital signature,
indicating the Floor Area Ratio credit in square
meters of the built-up area to which the owner
or lessee is entitled, the place from where it is
generated and the rate of that plot as prescribed
in the Guideline value as issued by the
Registration Department for the relevant year;
(12-B) "development rights" means, the right
to carry out the development or to develop the
land or building or both in the area specified
in the development right certificate;"
(7) after clause (13), the following clauses shall
be inserted, namely:—
"(13-A) "final Scheme" means, a final Scheme
relating to the Town Planning Scheme as
approved by the Government;
(13-B) "Floor Area Ratio" means, the
quotient obtained by dividing the total covered
area (plinth) on all the floors excepting the areas
specifically exempted by Notification by the plot
area, i.e.
Total covered area on all
floors
Floor Area Ratio =
Plot area;"
(8) after clause (14), the following clauses shall
be inserted, namely:—
1166 LA GAZETTE DE L'ETAT [PART–II
"(14-A) "heritage building" means, and includes any building of one or more premises or any part thereof and / or structure and / or artifact which requires conservation and/or preservation for historical and / or architectural and / or artisanry and / or aesthetic and / or cultural and / or environmental and / or ecological purpose and includes such portion of land adjoining such building or part thereof as may be required for fencing or covering or in any manner preserving the historical and / or architectural and / or aesthetic and / or cultural value of such building;
(14-B) "heritage committee" means, the State Level Heritage Conservation and Advisory Committee constituted by the Government;
(14-C) "heritage precinct" means, and includes any space that requires conservation and / or preservation for historical and / or architectural and / or aesthetic and / or cultural and/or environmental and / or ecological purpose. Walls or other boundaries of a particular area or place or building or may enclose such space by an imaginary line drawn around it;
(14-D) "highway" has the same meaning as in section 4 of the National Highways Act, 1956 (Central Act XLVIII of 1956);"
(9) after clause (16), the following clause shall
be inserted, namely:—
"(16-A) "infrastructure and amenities charges" means, fee levied on the institution of use or change of use of any land or building or development of any land or building to meet the impact of development and to cover the cost of providing capital facilities needed to serve the development;" 1167
PART–II] LA GAZETTE DE L'ETAT
(10) after clause (21), the following clauses shall
be inserted, namely:—
"(21-A) "major street" means, a main street
connecting different localities;
(21-B) "Master Plan" means, a comprehensive
development plan prepared as per the Act in
the name of interim, comprehensive, detailed or
the Town Planning Scheme for a local planning
area covering the whole area or part thereof or
a joint planning area as the case may be,
conceived within the framework of the
perspective plan, if any, providing long-term
policies, programmes and detailed proposals for
spatial development of such area indicating the
manner in which the use of land and
development therein shall be carried out;
(21-C) "means of access" includes any
means, of passage, whether private or public,
for vehicles or for pedestrians and includes any
street;
(21-D) "Member-Secretary" means, the
Senior Town Planner appointed to the Planning
Authority as per section 10-A;
(21-E) "mitigation" means, the measures
taken in advance of a disaster aimed at
decreasing or eliminating its impact on society
and on environment including preparedness
and prevention;
(21-F) "national highway" means, any
highway declared to be a national highway
under section 2 of the National Highways
Act, 1956;Central Act XL VIII of 1 9 5 6 .
1168 LA GAZETTE DE L'ETAT [PART–II
(21-G) "natural disaster" means, a serious disruption of the functioning of a Society, causing widespread human, material or environmental losses caused due to earthquake, cyclone, flood or landslide which exceeds the ability of the affected society to cope up using only its own resources;
(21-H) "natural hazard prone areas" means,
areas likely to have,—
(i) moderate to very high damage risk
zone of earthquake, or
(ii) moderate to very high damage risk
of cyclones, or
(iii) significant flood flow or inundation,
or
(iv) landslide potential or proneness, or
(v) one or more of these hazards;"
(11) after clause (22), the following clause shall
be inserted, namely:—
"(22-A) "Notification" means, a Notification
published in the Official Gazette;"
(12) after clause (23), the following clause shall
be inserted, namely:—
"(23-A) "operational construction" means, any construction whether temporary or permanent which is necessary for operations, maintenance, development or execution of services essential to the life of the community by the Government;"
(13) after clause (26), the following clauses shall
be inserted, namely:—
(26-A) "Preliminary Scheme" means, a preliminary Scheme relating to a Town Planning Scheme prepared by the Designated Officer;
1169
PART–II] LA GAZETTE DE L'ETAT
(26-B) "premium or purchasable Floor Area
Ratio" means, additional Floor Area Ratio
permitted over and above the ordinary Floor
Area Ratio on payment of premium, as may be
prescribed;
(14) after clause (30), the following clauses shall
be inserted, namely:—
"(30-A) "railway" has the same meaning as
in clause (31) of section 2 of the Indian
Railways Act, 1989 (Central Act 24 of 1989);
(30-B) "reconstituted plot" means, the
alteration of plots by the making of a
development plan otherwise than by the
severance of the land used, allotted or reserved
for any public purpose or a plot which is in any
way altered by making the Town Planning
Scheme;
(30-C) "reconstruction of a building"
includes,—
(a) the re-erection, wholly or partially of
a building after more than one half of
its cubical contents has been taken
down or burnt down or has fallen
down whether at one time or not;
(b) the re-erection, wholly or partially, of
any building of which an outer wall
has been taken down or burnt down
or has fallen down to or within three
metres of the ground adjoining the
lowest storey of the building, and of
any frame building which has so far
been taken down or burnt down or
has fallen down as to leave only the
framework of the lowest storey;
1170 LA GAZETTE DE L'ETAT [PART–II
(c) the conversion into a dwelling house,
or a place of public worship of any
building not originally constructed
for human habitation or for public
worship, as the case may be, or the
conversion into more than one
dwelling-house of a building
originally constructed as one
dwelling-house only or the
conversion of dwelling-house into
factory;"
(d) the re-conversion into a dwelling-
house or a place of public worship or
a factory of any building—
(i) the use whereof as a dwelling-
house or a place of public
worship or a factory has been
discontinued; or
(ii) which has been appropriated for
any purpose other than for use as
a dwelling-house or a place of
public worship or a factory;"
(15) after clause (33), the following clause shall
be inserted, namely:—
"(33-A) "ring road" means, any highway
connecting different parts within the planning
area in a ring or circular fashion;"
(16) for clause (35), the following clause shall
be substituted, namely:—
"(35) "Scheme" means, a Town Planning
Scheme prepared under the Act, and includes
a plan or plans, together with the descriptive
matter, if any, relatively to such a Scheme;" 1171
PART–II] LA GAZETTE DE L'ETAT
(17) after clause (37), the following clause shall
be inserted, namely:—
"(37-A) "Town Planning Scheme" means, the
Scheme in which land owned by the individual
or a group of individuals are pooled together
and developed by the Planning Authority and
part of such developed land is transferred to
the original owner and the remaining part of
such land is used for establishing common
facilities and amenities or for sale;"
"(37-B) "Transfer of Development Rights"
means, compensation in the form of additional
Floor Area Ratio or development rights, which
shall entitle the owner for construction of
additional built-up area, subject to such rules
and regulations as the Government or an
Authority under this Act may prescribe and the
Floor Area Ratio credit shall be issued in such
form as may be prescribed."
3. In the principal Act, in sub-sections (3) and (4)
Amend ment of section 3.
of section 3, for words, "Senior Town Planner", the
words, "Chief Town Planner," shall be substituted.
4. In the principal Act, the title of Chapter-III, for
the words, "Senior Town Planner", the words
Amend ment of T i t l e i n Ch apter-III.
"Chief Town Planner," shall be substituted.
5. In the principal Act, in sub-section (5) of Amend ment of section 8.
section 8, for the existing words, figures and numbers,
"sub-section (1) of section 4 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013" and "section 6",
the words, figures and numbers "section 11 of the Right
to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
and section 19", shall be substituted, respectively.
Central Act 30 o f 2 0 1 3 .
1172 LA GAZETTE DE L'ETAT [PART–II
Amend ment of section 10.
6. In the principal Act, in section 10, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.
Amend ment of section 11.
7. (i) In the principal Act, in section 11, after the existing sub-section (1), the following sub-section shall be inserted, namely:–
"(1-A) As soon as may be, after constitution of the Planning Authority, the Government shall, by Notification in the Official Gazette, appoint a Senior Town Planner for each of the Planning Authority called the "Member-Secretary" of the Planning Authority for the purpose of carrying out the functions assigned to him to this Act, Rules and Regulations made thereunder."
(2) In clause (ii) of sub-section 2 of the section 11, of the words "the Senior Town Planner or any other officer of the Town and Country Planning Department, who shall be", shall be deleted."
8. (1) In the principal Act, after the sub-clause (d) of clause (i) of sub-section (1) of section 12, the following shall be inserted, namely:—
Amend ment of section 12 and i n s e r t i o n o f s e c t i o n 1 2 - A , 12-B and 12-C.
(e) "a Town Planning Scheme."
(2) After the section 12, the following sections
shall be inserted, namely:—
"12-A. The Planning Authority with the approval of the Committee and the Town and Country Planning Board, and by Order of the Government entrust to any Local Authority as may be specified in such Order, the work of execution of any Master Plan prepared by it.
12-B. The Planning Authority with the approval of the Committee and the Town and Country Planning Board, by Order of the
Government, authorize any Local Authority or 1173
PART–II] LA GAZETTE DE L'ETAT
other Authority or third-party expertise as may be specified in such Order, to exercise any of the powers vested in it or under this Act and may in the like manner withdraw such Authority; and the exercise of any power delegated in this behalf shall be subject to such restrictions and conditions as may be specified in such Order.
12-C. The Planning Authority with the approval of the Government may levy and collect necessary fees / charges to carry out its functions. The fees / charges collected shall be utilized as per this Act and as may be prescribed."
Amend ment of section 18.
9. (1) In the principal Act, in sub-sections (2) and (3) of section 18, for the words, "Senior Town Planner", the words "Chief Town Planner", shall be substituted.
(2) The sub-section (6) of section 18, shall be
substituted with the following, namely:–
"(6) Proceedings under this section and section 19 shall be deemed and have the same effect as proceedings under section 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013".
Central Act 30 o f 2 0 1 3 .
Amend ment of section 20.
10. In the principal Act, in sub-sections (1) and (2) of section 20, for the existing words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.
In s e r t i o n o f clauses in section 2 1 .
11. In the principal Act, in sub-section (2) of section 21, after the clause (d), the following clause shall be inserted, namely:—
"(e) include zones and regulations for premium or purchasable floor area ratio, transfer of development rights and implementation of the Scheme." 1174 LA GAZETTE DE L'ETAT [PART–II
Amend ment of section 23.
12. In the principal Act, in sub-sections (1) and (2) of section 23, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.
Amend ment of section 29.
13. In the principal Act, in sub-sections (1) and (2) of section 29, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.
Amend ment of section 31.
14. In the principal Act in sub-section (2) of section 31, for the words "Senior Town Planner", the words "Chief Town Planner", shall be substituted.
Amend ment of section 33.
15. In the principal Act, for sub-section (5) of section 33, the following sub-section shall be substituted, namely:—
"(5) The Notification under this section shall be deemed and has the same effect as a declaration under section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013."
16. In principal Act, for section 34A, the following
Amend ment of section 34. shall be substituted, namely:—
"34 A. Change of Land use in the Development Plans: (1) The Government may suo moto or on a reference from the Planning Authority, make such modifications to the sanctioned development plan, as it thinks fit and which in its opinion are necessary. The Government may also delegate powers to the Planning Authority for modification of land use for certain parcels of land as prescribed in the regulations notified by the Government.
(2) Any modification in the land use zonal classification Plans shall be made only in accordance with the regulations notified by the Government.
(3) The Planning Authority shall levy such fees and charges as may be prescribed in the rule notified under in sub-section (2).
1175
PART–II] LA GAZETTE DE L'ETAT
(4) Any person changed his land use without
following the rules notified under sub-section
(2), penalty shall be imposed as per the rule
notified by the Government time to time.
17. In the principal Act, after section 37, the
following sections shall be inserted, namely:—
In s e r t i o n o f s ec t ion s 3 7 -A, 37-B and 37-C.
"37-A. Levy of premium charges for grant of
premium or purchasable Floor Area Ratio: (1) The
Planning Authority may grant permission for premium
or purchasable Floor Area Ratio in the areas identified
for the purpose in the zonal regulation of the Master
Plan or in the areas prescribed by the Government from
time to time;
(2) Where an application is made for grant of
permission for utilization of premium or purchasable
floor area ratio for the development of a building under
section 37, the Planning Authority may levy premium
charges at such rates, as may be prescribed by the
Government from time to time, for grant of premium or
purchasable Floor Area Ratio.
3 7 - B . Tr an s f e r o f d e v e l o p men t r i g h t s :
(1) Where any area is required for a public purpose and
the owner of any site or land which comprises such
area, surrenders it free of cost and handed over
possession of the same to the Planning / Local
Authority free from encumbrances, or maintains the
land or restricts development on the land as per the
requirement of the Government, the Planning Authority
may permit the transfer of development rights in
proportion to the land area surrendered or the
restrictions placed on developments in the manner
prescribed;
1176 LA GAZETTE DE L'ETAT [PART–II
(2) The development rights so permitted
under sub-section (1) may be utilized either on
the remaining portion of the area after the
surrender if feasible, or at any other location
in the Union Territory equivalent in value of
land, subject to such conditions as may be
prescribed, either by the person surrendering
the land or suffering the restriction or any other
person to whom the original allottee of the
development rights has transferred such rights.
37-C. Value Capturing Finance (VCF):The
Planning Authority to raise or meet resources by
tapping a share of increase in value of land and other
properties like buildings resulting from public
investments and policy initiatives, in the identified area
of influence shall implement Value Capture Financing
technique in any form in the manner as prescribed by
the Government from time to time."
18. In the Principal Act, in sub-section (4) of
Amend ment of section 38.
section 38, for the words "Senior Town Planner", the
words "Chief Town Planner", shall be substituted.
19. In the Principal Act, in sub-section (3) of
Amend ment of section 41.
section 41, for the words "Senior Town Planner", the
words "Chief Town Planner", shall be substituted.
20. In the Principal Act, in sub-section (2) of
Amend ment of section 42.
section 42, for the words "Senior Town Planner", the
words "Chief Town Planner", shall be substituted.
21. In the Principal Act, for the clause (iii) of
Amend ment of section 47.
sub-section (2) of section 47, the following shall be
substituted, namely:—
"(iii) any matter related to preservations and
conservations of historical, architectural, environmental,
ecological or heritage purpose or other matters which
is to be or as may be prescribed." 1177
PART–II] LA GAZETTE DE L'ETAT
Amend ment of Section 54.
22. In the Principal Act, in section 54, for the words "Senior Town Planner", the words "Chief Town Planner" shall be substituted.
Amend ment of Section 56.
23. In the Principal Act for the existing sub-section (2) of section 56, the following shall be substituted, namely:—
(2) All permit charges payable in respect of any land or building by any person shall, together with interest at the rate of six percent per annum upon any amount outstanding up to the date of realization, be recoverable from such person or his successor in interest in such a land or building as on arrears of land revenue."
24. In the Principal Act, after the existing Section 56, the following sections shall be inserted, namely:—
In s e r t i o n o f s ec t ion s 5 6 -A, 56-B, 56-C, 56-D and 56-E.
"56-A. Levy of infrastructure and amenities charges: (1) The Planning Authority while according building permit under this Act, shall levy charges on the institution of use or change of use of land or building or development of any land or building in the whole area or any part of the Planning area so as to meet the impact of development and for ensuring sustainable development of urban and rural areas by providing adequate infrastructure and basic amenities at the rates as determined in accordance with such procedure as may be prescribed which shall not be less than minimum and not more than the maximum as may be prescribed, and different rates may be prescribed for different parts of the Planning area and for different uses.
(2) The infrastructure and amenities charges shall be leviable on any person who undertakes or carries out any such development or
institutes any use or changes any such use.
1178 LA GAZETTE DE L'ETAT [PART–II
(3) The collection of the infrastructure and amenities charges shall be made in such manner as may be prescribed.
56-B. Constitution of State Infrastructure and Amenities Fund: (1) The Government may constitute a fund called "Infrastructure and Amenities Fund" to provide adequate infrastructure and basic amenities so as to meet the impact on development and for ensuring sustainable development of urban and rural area.
(2) The infrastructure and amenities charges levied under section 56-A shall be credited to this fund.
(3) The fund shall be operated, utilized and maintained in such manner as may be prescribed.
56-C. Levy of shelter charges: (l) The Planning Authority, while according permission under this Act, shall levy charges on the institution of use or change of use of land or building or development of any land or building in the whole area or any part of the planning area so as to contribute towards cost of providing affordable housing to the poor in urban areas, at the rates as determined in accordance with such procedure as may be prescribed which shall not be less than the minimum and not more than the maximum as may be prescribed, and different rates may be prescribed for different parts of the Planning area and for different uses.
(2) The shelter charges shall be leviable on any person who undertakes or carries out any such development or institutes any use or changes any such use.
(3) The collection of the shelter charges shall be made in such manner as may be
prescribed.
1179
PART–II] LA GAZETTE DE L'ETAT
56-D. Constitution of State Shelter Fund: (1) The Government may constitute a fund called "Shelter Fund" to provide for affordable housing to the poor in urban areas.
(2) The shelter charges levied under section
56C shall be credited to this fund.
(3) The proceeds from other sources as approved by the Government shall also be credited to this fund.
(4) The fund shall be operated, utilized and maintained in such manner as may be prescribed.
56-E. Collection of any other charges:(1) For the purpose of conservation or preservation of areas and structures related to historical and / or heritage and / or architectural and / or aesthetic and / or cultural significance, the Planning Authority may collect any other charges as approved by the Government from time to time.
(2) The Planning Authority shall operate, utilize and maintain the fund so collected in such manner as may be prescribed."
In s e r t i o n o f Chapter – X-A and sections.
25. In the principal Act, after Chapter – X, the following Chapter and sections shall be inserted, namely:—
"CHAPTER – X-A
TOWN PLANNING SCHEME
56-F. Declaration of intention to make a Town Planning Scheme: (1) The Planning Authority may, by notification, for the purpose of development of any area within its jurisdiction in an orderly holistic manner, declare its intention to make a Town Planning Scheme (hereinafter in this Chapter referred to as the Scheme) for that area:
1180 LA GAZETTE DE L'ETAT [PART–II
Provided that the Planning Authority shall
obtain prior approval of the Government before
notification of such declaration:
Provided further that any appropriate
Planning Authority shall send such proposal to
the Government through the Chief Town
Planner, Town and Country Planning
Department:
Provided also that the Planning Authority
may adopt, with or without any modification,
the Scheme as proposed by any Government
Department, Company or Public Sector
Undertaking or Statutory Body owned or
controlled by the Government or the Central
Government or Co-operative Societies or by
seventy per cent of the land owners in the
Scheme area:
Provided further that where any Scheme is
not made for any specific areas, adjacent to any
Scheme, the owners or the lands of such area,
may make a request to the Planning Authority
to make a Scheme.
(2) A Scheme may be made in accordance
with the provisions of this Act in respect of any
land which is —
(i) in the course of development;
(ii) likely to be used for residential or
commercial or industrial or for
building purposes; or
(iii) already built upon.
Explanation.— For the purpose of this
sub-section, the expression "land likely to be
used for building purposes" shall include any 1181
PART–II] LA GAZETTE DE L'ETAT
land likely to be used as, or for the purpose of
providing open spaces, roads, streets, parks,
pleasure or recreation grounds, parking spaces
or for the purpose of executing any work upon
or under the land incidental to the Scheme,
whether in the nature of a building work or not.
(3) The declaration under sub-section (1)
shall be published by the Planning Authority
in such manner as may be prescribed, by
notification in the Official Gazette and in two
leading daily newspapers in that area of which
one shall be in Tamil / Malayalam / Telugu
(respective region) and such notification shall
contain such particulars as may be prescribed
and specify the time and place where a plan
showing the boundaries of the proposed
Scheme area may be inspected by the public.
56-G. Power of the Government to require
appropriate Planning Authority to make a Scheme:
Notwithstanding anything contained in section 56-F, the
Government may direct the Planning Authority to make
a Scheme for any specific area and submit for their
approval. In such cases, the Planning Authority shall
proceed further for declaration of the intention of the
Scheme under section 56-F and for preparation of the
Scheme as provided in this Chapter.
56-H. Restrictions on Land Development
Work: (1) On or after the date of publication of
declaration of the intention to make a Scheme under
section 56-F, no person shall within the area covered
under the Scheme, carry out any development work
without obtaining permission from the Planning
Authority:
1182 LA GAZETTE DE L'ETAT [PART–II
Provided that on or after the date of publication of the approved Draft Scheme, the Planning Authority may, in consultation with the Designated Officer, grant permission to any Department of the Government, Public Sector Undertaking or a Statutory Body owned or controlled by the Government or the Central Government to carry out any development work:
Provided further that any other person may also apply for permission in the form and in the manner as may be prescribed, to carry out any development work after publication of the approved draft Scheme.
(2) On receipt of an application for permission to carry out any development work in the Scheme area, the Planning Authority shall send a written acknowledgement therefor.
(3) The Planning Authority, after consultation with the Designated Officer, may grant permission to carry out the development work within the Scheme area, having regard to the purpose for which the permission is required and the suitability of the place for such purpose and subject to such conditions as it may deem fit, or refuse to grant permission stating the reason therefor:
Provided that any such condition shall be in
accordance with the approved draft Scheme.
(4) If any person contravenes the provisions of sub-section (1) or any condition imposed under sub-section (3), the Planning Authority may direct such person by notice in writing to stop the work in progress, and after making an
inquiry in the prescribed manner, remove, pull 1183
PART–II] LA GAZETTE DE L'ETAT
down, or alter any building or other development
and restore the land or building in respect of
which such contravention is made, to its
original condition.
(5) The restrictions imposed in this section
shall cease to operate in the event of lapse of
declaration of intention under sub-section (2)
of section 56-N or on the publication of the
preliminary Scheme under sub-section (2) of
section 56-T or on withdrawal of the Scheme
under section 56-Z.
(6) Notwithstanding anything contained in
sub-section (1), after publication of the draft
Scheme under sub-section (1) of section 56-N,
the Planning Authority may carry out any
development work within the Scheme area for
the purposes of the Scheme.
(7) The provisions of this section shall not
apply to any operational construction
undertaken by the Central Government or the
Government.
Explanation.— "operational construction"
means, any construction whether temporary or
permanent, which is necessary for the
operation, maintenance, development, or
execution of any of the following services,
namely:—
(a) Railways;
(b) National Highways;
(c) National Waterways;
(d) Major Ports;
(e) Airways and Aerodromes;
1184 LA GAZETTE DE L'ETAT [PART–II
(f) Posts, Telephones, Wireless,
Broadcasting and other like forms of
communication;
(g) Regional grid for electricity;
(h) Defence;
(i) Metro Rail;
(j) Minor Ports; or
(k) any other service which the
Government is of the opinion that the
operation, maintenance, development
or execution of such service is
essential to the life of the community,
by notification, declare to be a
service for the purposes of this
clause;
(8) For removal of doubts, it is hereby
declared that,— (i) new residential buildings
(other than gate lodges, quarters for limited
essential operational staff and the like), roads
and drains in railway colonies, hotels, clubs,
institutes and schools, in the case of railways;
and
(ii) a new building, new structure or new
installation or any extension thereof, in the case
of any other service, shall not be deemed to be
an operational construction.
56-I. Appointment of Designated Officer:
(1) Within one month from the date of publication of
declaration of intention under sub-section (1) of section
56-F, the Government shall appoint an Officer not lower
in rank than that of the Senior Town Planner of the Town
and Country Planning Department as the Designated
Officer, for the purposes of the Scheme.
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(2) The Government may, if it thinks fit, at any time remove, on the ground of incompetence or misconduct or any other good and sufficient reason a Designated Officer appointed under this section and shall forthwith appoint another person in his place and any proceeding pending before Designated Officer immediately before the date of his removal shall be continued and disposed of by the newly Designated Officer appointed in his place:
Provided that no Designated Officer shall be removed under this sub-section except after an inquiry in which he has been informed of the charges against him and a reasonable opportunity of being heard in respect of those charges has been given to him.
(3) Subject to the provisions of sub-section (2), a Designated Officer appointed under sub-section (1) for the purpose of any Scheme shall cease to hold office with effect from the date on which the final Scheme is sanctioned under section 56-X.
56-J. Duties of the Designated Officer: The
duties of the Designated Officer are,—
(i) to involve with the Planning Authority, in the examination of objections and suggestions received on the draft Scheme;
(ii) to prepare the Preliminary Scheme and the
Final Scheme;
(iii) to give notice in the prescribed manner and in the prescribed form to the persons affected by the Scheme, define and demarcate the areas allotted to, or reserved for, any public purpose, or for a purpose of the Planning Authority and the final plots;
1186 LA GAZETTE DE L'ETAT [PART–II
(iv) to give notice as aforesaid, determine the
period within which the works provided in the
Scheme shall be completed by the appropriate
Authority;
(v) to provide for the total or partial transfer
of any right in an original plot to a final plot or
provide for the transfer of any right in an
original plot in accordance with the provisions
of section 56-AF;
(vi) to fix the difference between the total of
the values of the original plots and the total of
the values of the plots included in the Scheme
in accordance with the provisions of clause (f)
of sub-section (1) of section 56-AB;
(vii) to determine whether the areas used,
allotted or reserved for a public purpose or
purposes of the appropriate Authority are
beneficial wholly or partly to the owners or
residents within the area of the Scheme;
(viii) to estimate the portion of the sums
payable as compensation on each plot used,
allotted or reserved for a public purpose or for
the purpose of the appropriate Authority which
is beneficial partly to the owners or residents
within the area of the Scheme and partly to the
general public, which shall be included in the
costs of the Scheme;
(ix) to calculate the contribution to be levied
under sub-section (1) of section 56-AD, on each
plot used, allotted or reserved for a public
purpose or for the purpose of the appropriate
Authority which is beneficial partly to the
owners or residents within the area of the
Scheme and partly to the general public;
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PART–II] LA GAZETTE DE L'ETAT
(x) to determine the amount of exemption, if any, from the payment of contribution that may be granted in respect of plots exclusively occupied for religious or charitable purposes;
(xi) to estimate the increment to accrue in respect of each plot included in the Scheme in accordance with the provisions of section 56-AC;
(xii) to estimate the amount to be collected from or to be paid to the land owners as per section 56-V, 56-AD, 56-AE, 56-AJ and 56-AC;
(xiii) to determine the compensation amount payable to the land owners as per section 56-V, 56-AD and 56-AI;
(xiv) to draw in the prescribed form the preliminary and the final Scheme in accordance with the draft Scheme;
(xv) to be present at the proceedings before
the Board of appeal; and
(xvi) for such other matters as may
be prescribed.
Provided that the Designated Officer may make variation from the draft Scheme, but no such variation, if it is to involve an increase often percent in the cost of the draft Scheme of the Planning Authority, shall be made except with the previous sanction of the Government.
56-K. Certain decisions of the Designated Officer to be final: (1) Every decision of the Designated Officer in matters, other than estimation of costs, estimation of the amount payable to or by the owners, determination of the compensation payable to the owners and transfer of development rights shall be final
and binding on all concerned;
1188 LA GAZETTE DE L'ETAT [PART–II
(2) On the request of the Planning Authority, the Designated Officer may split up the draft Scheme in to different sections and to deal with each section separately as if such section were a separate draft Scheme.
56-L. Disputed ownership: (1) Where there is a disputed claim to the ownership of any land or building included in an area in respect of which the declaration of intention to prepare a Scheme has been made, and any entry in the revenue records or mutation relevant to such disputed claim is inaccurate or inconclusive, on the request of the Planning Authority or the Designated Officer, at any time before the Scheme is made, the Government may cause an inquiry to be made by such Officer, within such time, as may be prescribed, for the purpose of including such land or building in the Scheme area, unless the civil Court or the Authority, otherwise directs and the Order or decision of the civil Court or Authority thereon shall bind the Planning Authority or the Designated Officer.
(2) Where any Decree is passed by the civil Court, after the Final Scheme has been approved by the Government under section 56-X, such Final Scheme shall be deemed to have been suitably varied to the extent of such Decree.
56-M. Contents of Draft Scheme: The draft Scheme may provide for all or any of the following matters, namely:—
(a) the area, ownership and tenure of such
original plot;
(b) laying out or re-laying out, of land, either vacant or already built upon, as building sites;
(c) construction, diversion, extension, alteration, improvement or closure of lanes, streets, roads and communications;
1189
PART–II] LA GAZETTE DE L'ETAT
(d) construction, alteration, removal or
demolition of buildings, bridges and other
structures;
(e) redistribution of boundaries and
reconstitution of plots belonging to owners of
properties in the Scheme area;
(f) disposal by sale, exchange, lease or
otherwise of land acquired or owned by the
Planning Authority;
(g) transport facilities;
(h) water-supply;
(i) lighting;
(j) drainage, inclusive of sewerage and of
surface drainage and sewage disposal;
(k) allotment or reservation of land for
streets, roads, squares, houses, buildings for
religious or charitable purpose, open spaces,
gardens, recreation grounds, schools, markets,
shops, factories, hospitals, dispensaries, public
buildings and public purposes of all kinds and
defining and demarcating of the reconstituted
plots or the areas allotted to or reserved for the
above-mentioned purposes;
(l) demarcation of places or objects and
buildings of archaeological or historical interest
or natural scenic beauty or used for religious
purposes or regarded by the public with
veneration, or protection of canal, tank or river
sides, coastal areas and other places of natural
or landscape beauty;
(m) imposition of conditions and restrictions
in regard to the character, density, architectural
features and height of buildings, building or 1190 LA GAZETTE DE L'ETAT [PART–II
control lines for roads, railway lines and power
supply lines and the purposes for which
buildings or specified areas may or may not be
appropriated and the provision and
maintenance of sufficient open spaces, the
discontinuance of objectionable uses of lands
in any area in specified periods, parking spaces,
loading and unloading spaces for any building
and the sizes or locations of projections and
advertisement signs;
(n) filling up or reclamation of low lying,
swampy or unhealthy areas, or leveling up of
land;
(o) layout of new streets or roads,
construction, diversion, extension, alteration,
improvement and closing up of streets and
roads and discontinuance of utility connections,
communication lines, etc.;
(p) allotment of land to the extent of not
more than forty per cent of the total area
covered under the Scheme, in the aggregate, for
any or all of the following purposes, namely:—
(i) for roads;
(ii) for parks, play grounds, gardens and
open spaces;
(iii) for social infrastructure such as
school, dispensary, fire and rescue
service and public utilities;
(iv) for sale by the appropriate Planning
Authority for residential, commercial,
institutional or industrial use,
depending upon the nature of
development;
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PART–II] LA GAZETTE DE L'ETAT
(v) reservation of land up to the extent
often per cent of the total area
covered under the Scheme, in the
aggregate, for the purpose of
providing housing accommodation to
the members of economically weaker
section and for persons
dispossessed of their properties in
the Scheme area:
Provided that the proceeds from the sale of
land referred to in sub-clause (iv) shall be used
for the purpose of providing infrastructural
facilities and payment of compensation as per
the Final Scheme;
(q) returning reconstituted plots to the
extent of not less than sixty per cent or for
providing compensation in accordance with the
Final Scheme; and
(r) for such other matters as may be
prescribed.
Explanation.— For the purpose of this
Chapter, 'reconstituted plot' means, a plot
which is in any way altered by the making of
the Scheme and includes alteration of
ownership of a plot.
56-N. Making and publication of the Draft
Scheme: (1) Within nine months from the date of
publication of the declaration of the intention to make
a Scheme under section 56-F, the Planning Authority
shall, in consultation with the Designated Officer, make
a draft Scheme for the Scheme area and publish the
same in the Official Gazette, along with the draft
regulations, if any, for carrying out the provisions of
the Scheme, in such manner as may be prescribed:
1192 LA GAZETTE DE L'ETAT [PART–II
Provided that on a request by the Planning Authority, the Government may, by notification, extend the aforesaid period, for a further period of six months.
(2) If publication of a draft Scheme is not made within the said total period of fifteen months, the declaration of intention to make a Scheme shall lapse:
Provided that any such lapse of declaration shall not prevent the Government from making a fresh declaration at any time in respect of the same area.
56-O. Reconstitution of plots: (1) In the draft Scheme referred to in section 56-N, the size and shape of every plot shall be determined, so far as may be, to render it suitable for building purposes and where a plot is already built upon, suitable alterations shall be made to the buildings, so as to comply with the provisions of the Scheme.
(2) For the purposes of sub-section (1), the draft Scheme may contain the following proposals, namely:—
(a) to form a final plot by reconstitution of an original plot, by alteration of the boundaries of the original plot, if necessary;
(b) to form a final plot from an original plot by re-adjusting wholly or partly of the adjoining lands;
(c) to provide, with the consent of the owners, that two or more original plots each of which is held in ownership severally or in joint ownership shall hereafter, with or without alteration of boundaries, be held in ownership in common as a final plot;
1193
PART–II] LA GAZETTE DE L'ETAT
(d) to allot a final plot to any owner dispossessed of land in furtherance of the Scheme; or
(e) to pass on the ownership of an original plot from one person to another.
Explanation.— For the purpose of this
Chapter.—
(i) "final plot" means, a plot reconstituted from an original plot and allotted in a Scheme as a final plot;
(ii) "original plot" means, the corresponding plot held in single or joint ownership and numbered to be shown as one single plot by the Planning Authority for the purposes of the Scheme.
(3) Where under clause (m) of section 56-M, the purpose to which buildings or specified areas may not be appropriated have been specified, the buildings shall cease to be used for a purpose other than the purposes specified in the Scheme within such time as may be specified in the final Scheme and the person affected by the provision shall be entitled to compensation from the appropriate Authority in the manner and according to the method prescribed.
56-P. Public consultation to the Draft Scheme: Any person may, within sixty days from the date of publication of the draft Scheme under section 56-N, submit his objection or suggestion in writing to the Planning Authority. The Planning Authority shall consider such objection or suggestion and may modify the draft Scheme, in consultation with the Designated Officer as it deems fit and submit the same not later than thirty working days to the Government for approval.
1194 LA GAZETTE DE L'ETAT [PART–II
56-Q. Approval of the Draft Scheme by the Government: (1) The Government may, on receipt of the draft Scheme under section 56-P after making such inquiry as they may deem fit and after consulting the Chief Town Planner or the Planning Authority concerned, as the case may be, not later than three months from the date of its receipt,—
(i) either approve the draft Scheme, with or without modifications and subject to such conditions as they may deem fit; or
(ii) refuse to approve the draft Scheme; or
(iii) return the draft Scheme to the Planning Authority to carry out such modifications and within such period as may be directed, including a direction to include or exclude any land in the Draft Scheme. The Planning Authority, in consultation with the Designated Officer, shall comply with such directions of the Government and re-submit the draft Scheme within one month from the date of receipt of such directions to the Government for approval.
(2) As soon as on receipt of the modified draft Scheme from the Planning Authority, the Government not later than six months may approve the draft Scheme and the approved draft Scheme shall be published in the Official Gazette and in two leading daily newspapers in that area (region), of which one shall be in Tamil / M a l a ya l a m / Te l u g u ( r e s p e c t i v e r e g i o n ) . The approved draft Scheme shall also be placed in the public domain for inspection during the office hours in the Planning Authority and in the office of the Designated Officer.
56-R. Vesting of the land with the Planning Authority: On expiry of a period of two months from the date of publication of the approved draft Scheme under sub-section (2) of section 56-Q, all lands required 1195
PART–II] LA GAZETTE DE L'ETAT
for the purposes as specified in clauses (g), (h), (i), (j)
and (o) of section 56-M, shall vest with the Planning Authority free from all encumbrances. The Planning Authority may take appropriate measures as may be required including eviction, removal of structures or buildings in contravention of the Scheme, locking and sealing and recover the cost incurred therefor, in such manner as may be prescribed, in the said lands for enforcement of the said public purposes:
Provided that such vesting of lands with the appropriate Planning Authority shall not affect the ownership right of the owners of such lands.
56-S. Preparation of the Preliminary Scheme: (1) The Designated Officer shall, after taking into consideration the objections, if any, received on the approved draft Scheme within a period of nine months from the date of its publication, prepare the Preliminary Scheme as per section 56-J in the prescribed manner and in the prescribed form, after giving notice to the owners of the land in the Scheme area. The Preliminary Scheme shall,–
(a) define and demarcate the areas allotted to, or reserved for, any public purpose, or for the purpose of the appropriate Planning Authority and also demarcate the final plots;
(b) decide the person or persons to whom a final plot is to be allotted and when such plot is to be allotted to persons in common ownership, decide the shares of such persons;
(c) provide for the total or partial transfer of
any right in an original plot to a final plot;
(d) record the rights of secured creditors,
mortgagees, lessees or other persons who claim
to have secured interest in the original plot;
1196 LA GAZETTE DE L'ETAT [PART–II
(e) an estimate of the cost of the Scheme to
be borne by the stakeholders;
(f) specify the period within which the works provided in the Scheme may be completed by the Planning / Local / appropriate Authority; and
(g) for any other prescribed particulars.
(2) The Designated Officer shall submit the Preliminary Scheme so prepared, through the Planning Authority and the Chief Town Planner, to the Government for approval.
56-T. Approval of the Preliminary Scheme by the Government: (1) On receipt of the Preliminary Scheme, the Government shall, within two months from the date of its receipt, either approve or approve with such modifications as may be considered necessary or may return the said Scheme to the Designated Officer to modify the Scheme or to prepare a fresh Scheme, in accordance with such directions and within such period as the Government may specify in this behalf.
(2) The Preliminary Scheme, as approved by the Government shall be published in the Official Gazette and in two leading daily newspapers in that area, of which one shall be in Tamil / Malayalam / Telugu (respective region) and such notification shall state the place and time at which the said Scheme shall be open to inspection by the public.
(3) Such notification shall fix a date, in which all the liabilities created by the Scheme shall come into force :
Provided that the Government may from time to time extend such date, by notification, for such period, not exceeding three months, as it thinks fit.
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PART–II] LA GAZETTE DE L'ETAT
(4) A notification under sub-section (2) shall be the conclusive evidence that the Preliminary Scheme has been duly made and approved.
56-U. Effect of Preliminary Scheme: (1) On and after the date on which the Preliminary Scheme is published in the Official Gazette,—
(a) all lands required by the appropriate Planning Authority shall, unless it is otherwise determined in such Scheme, vest absolutely with the appropriate Planning Authority free from all encumbrances; and
(b) all rights in the original plot which have been reconstituted into final plots shall be determined and the final plots shall be subject to the rights of the original land owners, as settled by the Designated Officer.
(2) The Planning Authority shall take such
measures as may be required,—
(a) to enforce the Scheme, including eviction, removal of structures or buildings in contravention of the Scheme, locking and sealing and recover the cost incurred therefor, in such manner as may be prescribed; and
(b) execute any work which it is the duty of any person to execute under the Scheme in any case where it appears that the delay in execution of the work would prejudice the efficient operation of the Scheme and any expenses incurred shall be recovered from the person in default or from the owner of the plot in such manner as may be prescribed, and
(c) no person shall be entitled to compensation in respect of any damage, loss or injury resulting from all action taken by the
Planning Authority under the provision of the 1198 LA GAZETTE DE L'ETAT [PART–II
section except in respect of the building or work
began before the date referred to in sub-section
(3) of section 56-T and only in so far as such
building or work has proceeded until that date:
Provided that any claim to compensation
which is not barred by these sub-section shall
be subject to the condition of any agreement
entered between the claimant and the Planning
Authority;
(d) to carry out mutation in the records of
the Revenue, Survey and Settlement and
Registration Departments as per the allotment
of the final plots including plots reserved for
public purposes, made in the Preliminary
Scheme.
56- V. P reparati on of the F inal Scheme:
(1) The Designated Officer shall, after publication of
the Preliminary Scheme in the Official Gazette of
Puducheny within a period of nine months therefrom,
prepare the Final Scheme in the manner specified
hereunder:—
(a) estimate the value of the original plots
and fix the difference between the values of the
original plots and the values of the final plots
in the Scheme area, in the manner prescribed;
(b) determine whether the areas allotted or
reserved for public purposes or for
development by the Planning Authority are
beneficial wholly or partly to the land owners
or residents in the Scheme area;
(c) estimate in the manner prescribed, the
sums payable as compensation on each plot
used, allotted or reserved for a public purpose
or for the purpose of the Planning Authority, 1199
PART–II] LA GAZETTE DE L'ETAT
which is beneficial partly to the owners or
residents within the Scheme area and partly to
the general public, and the compensation so
payable shall be included in the cost of the
Scheme;
(d) estimate the increment in value, in the
manner prescribed, that may accrue in respect
of each plot included in the Scheme area;
(e) calculate the betterment contribution, in
the manner prescribed, to be levied on each
plot in the Final Scheme, in proportion to the
increment in value estimated to accrue in
respect of such plot:
Provided that no betterment contribution
shall be levied in respect of plots exclusively
allotted for religious or charitable purpose;
(f) estimate in the manner prescribed with
reference to the claims made before him for
compensation to be paid to any land owner for
his right prejudicially affected because of the
Scheme;
(g) record the person to whom the final plot
is allotted in accordance with the Preliminary
Scheme in the form and in the manner as may
be prescribed; (h) do such other acts as may
be prescribed.
(2) As soon as on the preparation of the
Final Scheme, the Designated Officer shall
communicate the details including the quantum
of amount arrived at with respect to clauses (a) to (f) of sub-section (1) to the persons concerned and to the Planning Authority before submission of the Final Scheme to the Government for approval.
1200 LA GAZETTE DE L'ETAT [PART–II
56-W. Appeal: (1) Any person aggrieved by the decision of the Designated Officer communicated under sub-section (2) of section 56-V may, within one month from the date of its receipt, appeal to the Board, in such manner, as may be prescribed.
(2) On receipt of an appeal under sub-section (1), the Board, within a period of two months, dispose of the appeal after giving the Appellant an opportunity of being heard.
(3) Any person aggrieved by the decision of the Board, may within one month from the date of communication of such decision under sub-section (2), appeal to the Government in such form and in such manner as may be prescribed:
Provided that the Government may entertain an appeal made beyond the said period, if they are satisfied that the appellant was prevented by sufficient cause for not making the appeal in time.
(4) On receipt of an appeal under sub-section (3), the Government shall within two months, after giving the appellant an opportunity of being heard, pass such order as they think fit.
56-X. Approval of the Final Scheme by the Government: (1) On receipt of the Final Scheme from the Designated Officer, the Government shall, within two months from the date of its receipt either approve or approve with such modifications as may be considered necessary. The Designated Officer shall thereafter modify the Scheme, if so directed by the Government and submit it to the Government for approval.
Explanation.— For the purpose of calculating the time-limit of two months, the period during which appeals, if any, were pending before the Board and the Government shall be excluded.
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PART–II] LA GAZETTE DE L'ETAT
(2) The Final Scheme, as approved shall be published in the Official Gazette and in two leading daily newspapers in that area, of which one shall be in Tamil / Malayalam / Telugu (respective region) and such notification shall state the place and time at which the Scheme shall be open to inspection by the public.
(3) A notification under sub-section (2) shall be conclusive evidence that the Final Scheme has been duly made and approved.
56-Y. Variation of Scheme: (1) After publication of the Final Scheme, if the Planning Authority, either suo motu or on application by a owner of any land in the, Scheme area, considers that the Scheme is defective on account of any error, irregularity or infirmity, it may request the Government for appropriate variation of the Scheme:
Provided that any request for further variation of the Scheme shall not be entertained by the Government.
(2) On receipt of such request from the Planning Authority, the Government may, if satisfied, vary the Scheme by publishing the variation in the Official Gazette and in two leading daily newspapers in that area, of which one shall be in Tamil / Malayalam / Telugu (respective region):
Provided that the use of land allotted for the purposes of parks, playgrounds, gardens and open spaces shall not be changed for any other purpose.
(3) Notwithstanding anything contained in sub-sections (1) and (2), a Final Scheme may be varied or revoked by a subsequent Scheme prepared and approved in accordance with
this Act.
1202 LA GAZETTE DE L'ETAT [PART–II
56-Z. Withdrawal of the Scheme:
Notwithstanding anything contained in this Chapter, the
Government may by order, for reasons to be recorded,
withdraw any Scheme:
Provided that no such withdrawal shall be
ordered after approval of the Preliminary
Scheme:
Provided further that on such withdrawal of
the Scheme, the lands shall be restored to the
original condition, as it stood on the date of
publication of declaration of the intention
under section 56-F, at the cost of the
Government.
56-AA. Costs of the Scheme: (1) The costs of
the Scheme shall include—
(a) all sums payable by the Planning
Authority under the provisions of this Act,
which are not specifically excluded from the
costs of the Scheme;
(b) all sums spent or estimated to be spent
by the Planning Authority in the making and
execution of the Scheme:
Provided that the estimates shall be with
reference to the period during which the
preliminary Scheme is to be implemented after
it is sanctioned under section 56-T;
(c) all sums payable as compensation for
land reserved or designated for any public
purpose or for the purposes of the appropriate
Authority which is solely beneficial to the
owners of land or residents within the area of
the Scheme;
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(d) such portion of the sums payable as
compensation for land reserved or designated
for any public purpose or for the purpose of
the Planning Authority which is beneficial
partly to the owners of land or residents within
the area of the Scheme and partly to the general
public, as is attributable to the benefit accruing
to the owners of land or residents within the
area of the Scheme from such reservation or
designation;
(e) all legal expenses incurred by the
Planning Authority in the making and in the
execution of the Scheme;
(f) any amount by which the total amount of
the values of the original plots exceeds the total
amount of the values of the plots included in
the final Scheme, each of such plots being
estimated at its market value at the date of the
declaration of intention to make a Scheme, with
all the buildings and works thereon at the said
date and without reference to improvements
contemplated in the Scheme other than
improvements due to alteration of its
boundaries;
(g) twenty percent of the amount of the cost
of infrastructure provided in the area adjacent
to the area of the Scheme as is necessary for
the purpose of and incidental to the Scheme.
(2) If in any case the total amount of the
values of the plots included in the final Scheme
exceeds the total amount of the values of the
original plots, each of such plots being
estimated in the manner as provided in clause (f)
1204 LA GAZETTE DE L'ETAT [PART–II
of sub-section (1), then the amount of such
excess shall be deducted in arriving at the costs
of the Scheme as defined in sub-section (1).
56-AB. Calculation of increment: For the
purpose of this Act, the increments shall be deemed to
be the amount by which at the date of the declaration
of intention to make a Scheme the market value of the
plot included in the final Scheme estimated on the
assumption that the Scheme has been completed shall
exceed at the same date the market value of the same
plot estimated without reference to improvements
contemplated in the Scheme:
Provided that in estimating such value, the
value of the buildings or other works erected
or in the course of erection on such plot shall
not be taken into consideration.
56-AC. Contribution towards cost of the
Scheme: (1) The costs of the Scheme shall be met wholly
or in part by a contribution to be levied by the
appropriate Authority on each plot included in the final
Scheme calculated in proportion to the increment which
is estimated to accrue in respect of such plot by the
Designated Officer :
Provided that—
(i) (a) where the cost of the Scheme
does not exceed half the increment,
the cost shall be met wholly by a
contribution, and
(b) where it exceeds half the
increment, to the extent of half the
increment it shall be met by a
contribution and the excess shall be
borne by the appropriate Authority;
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PART–II] LA GAZETTE DE L'ETAT
(ii) where a plot is subject to a mortgage
with possession or to a lease, the
Designated Officer shall determine in
what proportion the mortgagee or
lessee on the one hand and the
mortgagor or lessor on the other
hand shall pay such contribution;
(iii) no such contribution shall be levied
on a plot used, allotted or reserved
for a public purpose or for the
purpose of the appropriate Authority
which is solely beneficial to the
owners of land or residents within the
area of the Scheme; and
(iv) the contribution levied on a plot
used, allotted or reserved for a public
purpose or for the purpose of the
appropriate Authority which is
beneficial partly to the owners of land
or residents within the area of the
Scheme and partly to the general
public shall be calculated in
proportion to the benefit estimated to
accrue to the general public from
such use, allotment or reservation.
(2) The owner of each plot included in the
final Scheme shall be primarily liable for the
payment of the contribution leviable in respect
of such plot.
56-AD. Certain amounts to be added to, or
deducted from contribution leviable from a person:
The amount by which the total value of the plots
included in the final Scheme with all the buildings and
works thereon allotted to a person falls short of or
exceeds the total value of the original plots with all the 1206 LA GAZETTE DE L'ETAT [PART–II
buildings and works thereon of such person shall be deducted from, or, as the case may be, added to, the contribution leviable from such person, each of such plots being estimated at its market value at the date of the declaration of intention to make a Scheme or the date of the notification issued by the Government under section 56-G and without reference to improvements contemplated in the Scheme other than improvements due to the alteration of its boundaries.
56-AE. Transfer of right from the original to final plot or extinction of such right: Any right in an original plot which in the opinion of the Designated Officer is capable of being transferred wholly or in part, without prejudice to the making of a Scheme, to a final plot shall be so transferred and any right in an original plot which in the opinion of the Designated Officer is not capable of being so transferred shall be extinguished:
Provided that an agricultural lease shall not be transferred from an original plot to a final plot without the consent of all the parties to such lease.
56-AF. Compensation in respect of property or right injuriously affected by the Scheme: The owner of any property or right which is injuriously affected by the making of a Scheme shall, if he makes a claim before the Designated Officer within the prescribed time, be entitled to be compensated in respect thereof by the appropriate Authority or by any person benefitted or partly by the appropriate Authority and partly by such person as the Designated Officer may in each case determine :
Provided that the value of such property or rights shall be deemed to be its market value at the date of the declaration of intention to make a Scheme or the date of the notification issued by the Government under section 56-G without reference to improvements contemplated in the Scheme, as the case may be.
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PART–II] LA GAZETTE DE L'ETAT
56-AG. Exclusion of compensation in certain
cases: (1) No compensation shall be payable in respect
of any property or private right which is alleged to be
injuriously affected by reason of any provisions
contained in the Scheme, if under any other law for the
time being in force applicable to the area for which such
Scheme is made, no compensation is payable for such
injurious by attached.
(2) Any property or private right shall not
be deemed to be injuriously affected by reason
of any provision inserted in a Scheme which
imposes any conditions and restrictions in
regard to any of the matters specified in clause
(m) of section 56-M.
56-AH. Provision for cases in which the
amount payable to owners exceeds amount due from
him: If the owner of an original plot is not provided
with a plot in the preliminary Scheme or if the
contribution to be levied from him under section 56-AD
is less than the total amount to be deducted therefrom
under any of the provisions of this Act, the net amount
of his loss shall be payable to him by the appropriate
Authority in cash or in such other manner as may be
agreed upon by the parties.
56-AL Provision for cases in which the amount
is payable by the owner: (1) If from any cause the total
amount which shall be due to the appropriate Authority
under the provisions of this Act from the owner of a
plot to be included in the final Scheme exceeds the value
of such plot estimated on the assumption that the
Scheme has been completed, the Designated Officer
shall at the request of the appropriate Authority direct
the owner of such plot to make payment to the
appropriate Authority of the amount of such excess.
1208 LA GAZETTE DE L'ETAT [PART–II
(2) If such owner fails to make such payment within the prescribed period, the Designated
Officer shall, if the appropriate Authority so requests, acquire the original plot of such
defaulter and apportion the compensation among the owner and other persons interested
in the plot on payment by the appropriate Authority of the value of such plot estimated
at its market value at the date of the declaration of intention to make a Scheme or the date
of a notification under section 56-G and without reference to improvements contemplated
in the Scheme; and thereupon the plot included in the final Scheme shall vest absolutely with
the appropriate Authority free from all encumbrances but subject to the provisions of
this Act:
Provided that the payment made by the
appropriate Authority on account or the value
of the original plot shall not be included in the costs of the Scheme.
56-AJ. Payment by adjustment of account: All payments due to be made to any person by the
appropriate Authority under this Act shall, as far as possible, be made by adjustment in such account with
the appropriate Authority in respect of the plot concerned or of any other plot in which he has an
interest and failing such adjustment, shall be paid in cash or in such other manner as may be agreed upon
by the parties.
56-AK. Payment of net amount due to the
Planning Authority: (1) The net amount payable under the provisions of this Act by the owner of a plot
included in the final Scheme may at the option of the contributor be paid in lump-sum or in annual
installments not exceeding ten.
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PART–II] LA GAZETTE DE L'ETAT
(2) If the owner elects to pay the amount by
installments, interest at such rate as is arrived
at by adding two percent to the bank rate
published under section 49 of the Reserve
Bank of India Act, 1934, from time to time, shall
be charged per annum on the net amount
Central Act No. Z of 1 9 3 4 .
payable.
(3) If the owner of a plot fails to exercise the
option on or before the date specified in a
notice issued to him in that behalf by the
appropriate Authority, he shall be deemed to
have exercised the option of paying
contribution in installments and the interest on
the contribution shall be calculated from the
date specified in the notice, being the date
before which he was required to exercise the
option.
(4) Where two or more plots included in the
final Scheme are of the same ownership the net
amount payable by such owner under the
provisions of this Act shall be distributed over
his several plots in proportion to the
increments which is estimated to accrue in
respect of each plot unless the owner and the
appropriate Authority agree to a different
method of distribution.
56-AL. Power of the Planning Authority to
make agreement: (1) The appropriate Authority shall
be of competent to make any agreement with any person
in respect of any matter which is to be provided for in
a Scheme, subject to the power of the Government to
modify or disallow such agreement and unless, it is
otherwise expressly provided therein, such agreement
shall take effect on and after the day on which the
Scheme comes into force.
1210 LA GAZETTE DE L'ETAT [PART–II
(2) Such agreement shall not in any way
affect the duties of the Designated Officer as
described in Section 56-J or the rights of third
parties but, it shall be binding on the parties
to the agreement notwithstanding any decision
that may be passed by the Designated Officer:
Provided that if the agreement is modified by
the Government, either party shall have the
option of avoiding it, if it so elects.
56-AM. Recovery of arrears: (1) Any sum due
to the Planning Authority under this Act or any rule or
regulation made thereunder, shall be the first charge on
the final plot on which it is due, subject to payment of
land revenue, if any, due to the Government thereon.
(2) Any sum due to the Planning Authority
under this Act or any rules or regulations made
thereunder, which is not paid on demand, shall
be recovered as an arrear of land revenue.
56-AN. Execution of works in the Scheme
area: The appropriate Authority shall complete all the
works in the Scheme area within the period stipulated
in the Final Scheme :
Provided that the Government may, on a
request from the appropriate Authority, grant
further period of time not exceeding twice the
stipulated period for completion of the works.
56-AO. Cessation of application of the Local
Body Act: (1) The Government may direct that any
power or function exercisable by a Local Authority
under a Local Body Act within a Scheme area shall
stand transferred to, and be performed by, the Planning
Authority under the said Act for such period and for
such purposes as may be notified, in relation to such
Scheme.
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PART–II] LA GAZETTE DE L'ETAT
Explanation.— For the purpose of this
Section,—
(a) "Local Authority" means,-
(i) any Municipality constituted
under the Puducherry Municipalities
Act, 1973 (No. 9 of 1973);
(ii) any commune Panchayat constituted
under the Puducheny Village and
Commune Panchayats Act, 1973
(No. 10 of 1973);
(2) After expiry of the period notified under
sub-section (1), all assets and facilities such as
public street, drinking water and sewerage
system, street light and such other facilities
created by the Planning Authority or the
Designated Officer in the Scheme area shall
stand vested with the Local Authority".
26. In the principal Act, in section 61, "(1) In Amend ment of Section 61.
sub-sections (1) and (2), for the words "Senior Town
Planner", the words "Chief Town Planner", shall be
substituted; (2) In sub-section (2), for the words
"Development Plan", the words "Master Plan", shall be
substituted;
27. In the principal Act, in section 79, for the Amend ment of Section 79.
words "Senior Town Planner", the words "Chief Town
Planner", shall be substituted.
28. In the principal Act, in sub-section (2) of
section 81,
Amendment and i n s e r t i o n o f Clause in section 8 1 .
"(1) In clause (e), for the "Senior Town
Planner", the words "Chief Town Planner" shall be
substituted;
1212 LA GAZETTE DE L'ETAT [PART–II
(2) The existing clause (h) shall be substituted
with the following, namely:—
"the form and contents of the development
plan and the Scheme and procedure to be
followed in connection with the preparation,
submission and approval of such plans and the
form and the manner of publication of the
notices relating to such plans";
(3) After the clause (i), the following clauses
shall be inserted, namely:—
(ia) the duties of the Designated Officer and
the manner of reconstitution of plots, allotment
of final plots, incorporation of the legal rights
settled in the final Scheme in the Land Registers
of the Revenue Department;
(ib) estimated cost of the scheme, financial
account for the Scheme such as, escrow
account, for the preparation, approval and
effective implementation of the Scheme;
(ic) the specification of particulars of works
or improvements relating to streets or roads
provided for in any development plan that have
to be made or carried out at the expense of the
Planning Authority, the owners of the property,
local body and other authorities;
(id) the procedure to be adopted by the
Planning Authority or any other Authority or
person, in cases where owners commit default
or delay in the carrying out of works or
improvements, for carrying out such works or
improvements and for recovering the cost from
the owners liable therefor;
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PART–II] LA GAZETTE DE L'ETAT
(ie) the procedure to be adopted for securing
cooperation on the part of the Planning
Authorities with the owners or persons
interested in property proposed to be comprised
in any development plan by such means as may
be expedient, the summoning, presiding and
procedure of such conferences and all such
matters."
29. In the principal Act, after the section 81, the
In s e r t i o n o f section 81 A.
following section shall be inserted, namely :–
"81 A. Notification: All the Notifications
issued under this Act shall, unless they are expressed
to come into force on a particular day, come into force
on the day on which they are published."
30 . (1) In the Principal Act, in section 82, the Amend ment of Section 82.
section shall be numbered as sub-section (1);
(2) After the sub-section (1) the following
sub-section shall be inserted, namely:—
"(2) The Government may, by notification,
rescind any regulation made under this section and
there upon, the regulation shall cease to have effect."
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